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Kolkata Court February 2008 Judgments

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Feb 01 2008

State of West Bengal and ors. Vs. Calcutta Club Limited and anr.

Court: Kolkata

Decided on: Feb-01-2008

Reported in: (2008)2CALLT327(HC),(2008)14VST499(NULL)

Kalyan Jyoti Sengupta, J.1. By this application the State of West Bengal has impugned the judgment and order dated July 3, 2006 Reported as Calcutta Club Ltd. v. Deputy Commissioner of Commercial Taxes and Hindustan Club Ltd. v. Commercial Tax Officer [2007] 10 VST 385 (WBT) passed by the learned Taxation Tribunal, West Bengal, whereby and whereunder several matters being case Nos. RN 17 of 2003, RN 46 of 2004, RN 71, 72, 73, 120, 121 and 122 of 2003 filed by Calcutta Club Limited and Hindustan Club Limited, respectively, were disposed of as it was noted by the learned Tribunal that the legal controversies involved in these matters are identical and similar.2. However, the present application has been filed against Calcutta Club Limited and not against Hindustan Club Limited. In our view, Hindustan Club Limited should have been added as party respondent when this judgment impugned has decided the matter filed by the said club also. Therefore, we record that this judgment will be applic...


Feb 01 2008

Md. AlauddIn and ors. Vs. the Director of School Education (S.E.) and ...

Court: Kolkata

Decided on: Feb-01-2008

Reported in: (2008)2CALLT530(HC),2008(3)CHN850

1. The above matter has been assigned to this bench by the then Hon'ble Acting Chief Justice, by His Lordship's order of determination dated 1st March 2007 for answering two following questions framed by a learned single judge as stated hereinafter. It is necessary to narrate briefly the fact of this case.2. The petitioners in the writ petition are the office bearer of the organising managing committee and teaching and non-teaching staff of a Junior High Madrasah situate at village Mohhamadpur, Police Station Noida, District Murshidabad. This Madrasah was originally established in the year 1922 and got recognition of the Government of Bengal upto classes V and VI for a period ending 31st December 1944, subsequently got extension for a further period of 5 years ending 1949. This Madrasah functioned till 1952 and thereafter due to communal disturbances it could not be run after 1952 and ceased to exist as teaching and non-teaching staff left this village for erstwhile East Pakistan becau...


Feb 01 2008

Tejen Mitra and ors. Vs. Union of India (Uoi) and ors.

Court: Kolkata

Decided on: Feb-01-2008

Reported in: 2008(2)CHN718

1. This appeal is directed against the judgment and order dated 23.2.2004 passed by a learned Single Judge of this Court in W.P. No. 2524(W) of 2004 whereby and whereunder the writ petition filed by the appellants/petitioners was dismissed after holding that it was without any merit.2. The writ petition was filed by these appellants/petitioners challenging the order dated 15.1.2004 which was made Annexure - 'P 8' therein and which was a letter, of the Commanding Officer of the 8Bn/RPSF/CRJ addressed to the Chief Medical Superintendent informing him that in terms of the order of the Railway Board dated 07.11.03, the appellants/petitioners (hereinafter referred to for the sake of brevity as the appellants) who had been medically decategorized would be directed to the Chief Medical Superintendent of Northern Railway Hospital for re-medical examinations with complete case papers including the previous Medical Board's findings.3. The appellants had also prayed for an order commanding upon t...


Feb 01 2008

Debendra Nath Mondal Vs. Ratan Kumar Das and ors.

Court: Kolkata

Decided on: Feb-01-2008

Reported in: 2008(4)CHN275

Pratap Kr. Ray, J.1. Challenging the judgment and order dated 19th January, 2005 passed by the learned Trial Judge in W.P. No. 2262 (W) of 2003, this appeal has been preferred by the respondent No. 6 of the writ application against the order, quashing his appointment in the post of Peon, a Group- D post in Dantan Bhagat Charan Junior High School on the reasoning that the respondent No. 6's participation in the interview, a non-sponsored candidate, by the decision of the Managing Committee of the school was not in accordance with law, irrespective of the fact that the respondent No. 6 got an order on 19th February, 2001 in another writ application being No. W.P. 1907 (W) of 2001 whereby and whereunder Managing Committee of the school was directed to consider his application seeking permanent appointment in the post in question.2. The respondent No. 6 moved the writ application being No. W.P. 1907 (W) of 2001 on the ground that as he was discharging duty of Peon in the concerned school w...


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